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FINISH LINE, INC. v. JAKOBITZ

No. 95-0493.

557 N.W.2d 914 (1996)

FINISH LINE, INC., A Corporation, Plaintiff-Appellee, v. Robert W. JAKOBITZ and Gloria L. Jakobitz, Defendants-Appellants.

Court of Appeals of Iowa.

October 25, 1996.

Attorney(s) appearing for the Case

James R. Cook, West Des Moines, for appellants.

James A. Pratt, Council Bluffs, and Thomas H. Dahlk and James B. Cavanagh of Lieben, Dahlk, Whitted, Houghton, Slowiaczek & Jahn, P.C., Omaha, Nebraska, for appellee.

Heard by CADY, P.J., and HUITINK, and STREIT, JJ.

STREIT, Judge.

Lessees appeal from the district court ordering them to pay monetary damages to Landlord for amounts due on a lease agreement in the amount of $179,280. The Lessees contend the Landlord failed to mitigate damages by renting the building out to businesses that did not pay rent. We reverse the district court.

C.K. of Council Bluffs, Iowa, and Finish Line Partnership entered into a lease agreement in 1984 to operate a Country Kitchen store at 9th...

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